MKDP, barclaycard, county court,

[Sheba100]

I have received a court claim from MKDP, issued on the 1st may. the original debt from barclaycard who brought it from Morgan Stanley, the original credit card was goldfish and started about 2004 application on the internet.

barclay card was chasing so in 12/2012 I sent then a letter from a template, asking for CCA they responded with just there terms and conditions, and also Morgan Stanley's T&tC

01/13 I wrote back with with another template with in it
127(3) the court shall not make an enforcement order under section65(1) is section 61(1)(a)(signing of agreements) was not complied with unless a document(whether or not in the prescribed form and complying with the regulations under section 60(1) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer( whether or not in the prescribed manner).

then BC replied with letter quoting Carey v HSBC

it it is therefor clear that a creditor is not required under section 78 of the act to provide a copy of the agreement bearing the signature of the parties.

The debt was then passed on to mercers. I sent a letter from template about continual harassment.

I have sent back online the AoS.

Could you help me with the defence.

[Kafka]

Re: MKDP, barclaycard, county court,

Mercers are part of Barclaycard. Can you confirm who owns the account on the claim?

Did you send a SAR to get all the data on the account?

What do the charges on the account add up to?

Did you say you would defend all of the claim?

[mystery1]

Re: MKDP, barclaycard, county court,

Online in 2004 ? Did they send you an agreement to sign ?


S127 (3) has nothing at all to do with s78. The template you used was wrong. Whilst 127(3) may come to your aid if you never signed, it won't be because of s78 because the requirement to comply with The Consumer Credit (Agreements) Regulations 1983 does not apply to s78.

What are the particulars of claim ?

Did you ever get a default notice ?

Do you have your own copy of the agreement ?

In what way were you harassed ?

Did you get notice of assignment ?

Have you had any notices of sums in arrears ?

an you post what they sent in reply to your s78 request ?

M1

[FlamingParrot]

Re: MKDP, barclaycard, county court,

I have received a court claim from MKDP, issued on the 1st may. the original debt from barclaycard who brought it from Morgan Stanley, the original credit card was goldfish and started about 2004 application on the internet.

barclay card was chasing so in 12/2012 I sent then a letter from a template, asking for CCA they responded with just there terms and conditions, and also Morgan Stanley's T&tC

01/13 I wrote back with with another template with in it
127(3) the court shall not make an enforcement order under section65(1) is section 61(1)(a)(signing of agreements) was not complied with unless a document(whether or not in the prescribed form and complying with the regulations under section 60(1) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer( whether or not in the prescribed manner).

then BC replied with letter quoting Carey v HSBC

it it is therefor clear that a creditor is not required under section 78 of the act to provide a copy of the agreement bearing the signature of the parties.

Yes, the can provide a recon as per Carey but it has to be honest and accurate, and they should send you the terms from inception, which are the ones you allegedly agreed to when you opened the account.

Dates are important if you applied online: if it was in 2004, then they should have sent you an agreement to sign, however, for online applications from Jan 2005 onwards, a tick box saying you accept the terms would fulfill the role of a signature, so they can get away with sending you a printout of the terms you'd have agreed to online.

The debt was then passed on to mercers. I sent a letter from template about continual harassment.

I have sent back online the AoS.

Could you help me with the defence.

You'd normally send both a CCA request and a CPR 31.14 request for documents to be able to prepare your defence. See here for reference: http://www.legalbeagles.info/forums/...322#post418322

[Sheba100]

MKDP. Barclays margin Stanley

Hi this is my second thread
Morgan Stanley credit card opened about 2002
sold to Barclay card debt 10717.76

Issued 01 may
County court A4JA5798
amount £11127.76 inc solicitor fees MKDP

you advised, which it have done

sent on line to court AoS wanting to defend claim

I sent to MKDP
Asking for CCA with £1.00
asked for CPR both on 19 May recorded delivery.
the cheque has been cashed.
Since then I'have not had any document from them.


Do I chase MKDP
Do I inform the courts

[FlamingParrot]

Re: MKDP. Barclays margin Stanley

Hi this is my second thread
Morgan Stanley credit card opened about 2002
sold to Barclay card debt 10717.76

Issued 01 may
County court A4JA5798
amount £11127.76 inc solicitor fees MKDP

you advised, which it have done

sent on line to court AoS wanting to defend claim

I sent to MKDP
Asking for CCA with £1.00
asked for CPR both on 19 May recorded delivery.
the cheque has been cashed.
Since then I'have not had any document from them.


Do I chase MKDP

You need to chase the CPR request but not the CCA request. The £1 fee would have been for the CCA. They should have responded to the CPR request in 7 days so you should most definitely chase that one. As you are running short on time, ring and/or email them. hone: :typing:

When you get in touch, ask them to agree to an extension of 28 days to submit your defence, which is the maximum allowed under CPR 15.5.

Keep a log of every communication and their response in case you need to submit an unless order.

Do I inform the courts

If they agree to an extension, get them to put it in writing (email should be fine) and forward that to the court. :typing:

[Sheba100]

MKDP. barclays

Hi this is my third post and I am most grateful of the advice I have had.
original credit card margin Stanley took out May 2002 sold to barclaycard 28/09 2012
debt of £11,126
sold to MKDP nov 22 2013
county court 1may 2014
said will defend, let court know.
requested CCA and CPR 31.14 /
Ask court more time, received acknowledgement.
now have received.

1,copy of reconstructed credit agreement including terms and conditions.
2, statements
3, notice of assignment
see attachments.

how can I defend this debt.

[Amethyst]

Re: MKDP, barclaycard, county court,

Hiya, I;ve merged your threads together, just makes it simpler for those trying to assist you. Am now having a read back through the case. xx

[Sheba100]

Re: MKDP, barclaycard, county court,

Thanks, I'll await some help.

[FlamingParrot]

Re: MKDP. barclays

Hi this is my third post and I am most grateful of the advice I have had.
original credit card margin Stanley took out May 2002 sold to barclaycard 28/09 2012
debt of £11,126
sold to MKDP nov 22 2013
county court 1may 2014
said will defend, let court know.
requested CCA and CPR 31.14 /
Ask court more time, received acknowledgement.
now have received.

1,copy of reconstructed credit agreement including terms and conditions.
2, statements
3, notice of assignment
see attachments.

how can I defend this debt.

Is your copy of the terms as unclear as what you've posted? They are not very readable but look like generic T&Cs rather than anything to do with your agreement. If you had a Morgan Stanley credit card to start with, your terms from inception should be from Morgan Stanley, not Barclaycard. If Barclays bought the account 10 years later, there's no way those could be the original terms! :nono:

A recon is acceptable as per Carey v HSBC but the recon has to be honest and accurate. There's no way terms that read Barclaycard all over could be the ones you agreed to when you took out a Morgan Stanley card, so there's no way that could be an honest and accurate reconstruction of our original agreement with Morgan Stanley.

[Sheba100]

Re: MKDP. barclays

Hi, thanks for looking at this for me.

the Morgam Stanley T&c's have a front sheet with 112may hand written smell, in top right corner
then on next page Credit agreement regulated by the consumer credit act 1994
Then blank page with Morgan Stanley address on. And a date in right lower corner TC112. 05/02
then I have barclaycard t&c
then a statements from June 12 till June 13
then copy of letter fromBC assigning debt to MKDP

can I defend this debt

[Sheba100]

Re: MKDP, barclaycard, county court,

The last payment to the account was oct 2012.

[FlamingParrot]

Re: MKDP. barclays

Hi, thanks for looking at this for me.

the Morgam Stanley T&c's have a front sheet with 112may hand written smell, in top right corner
then on next page Credit agreement regulated by the consumer credit act 1994
Then blank page with Morgan Stanley address on. And a date in right lower corner TC112. 05/02

Any chance we could look at these?

[Sheba100]

Re: MKDP, barclaycard, county court,

Hi.
i have attached the first five pages the last page just gives Morgan Stanley details at the bottom of blank page.

thanks so much for your help.
sheba100

[Amethyst]

Re: MKDP, barclaycard, county court,

Relationship between Goldfish and Morgan Stanley. In my mind had you taken out a goldfish card you'd have had goldfish terms..... it seems on looking that in 2002 Goldfish was still Lloyds.


1996 - Goldfish card launched by Lloyds TSB (30%)/Centrica(70%) give or take

2003 Lloyds takes over Goldfish fully

2005/2006 Discover FS / Morgan Stanley buy Goldfish

2008 Barclaycard buys Goldfish


HFC came into it somewhere too, but can't work that bit out.

The change of strategy started with the sale of the Goldfish business to Lloyds TSB Bank^[9] (who subsequently sold it to Morgan Stanley Bank International Limited).^[10]

"Lloyds TSB sells Goldfish brand". BBC News. 20 December 2005

Let Flaming Parrot have a look as she probably know this off the top of her head. But if you took the card out in May 2002 it couldn't have been Morgan Stanley terms as it was still Centrica ?????????